top of page

Court freezes FMCSA rule over legal flaws, economic fallout, and discrimination concerns

  • Writer: jboe43
    jboe43
  • Nov 10
  • 1 min read
ree

A federal appeals court in Washington, D.C. has temporarily blocked a new Department of Transportation rule that sought to tighten eligibility for immigrant truck drivers holding non-domiciled commercial driver’s licenses (CDLs). The rule, titled “Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses”, would have allowed only certain visa holders, such as H-2A, H-2B, or E-2 workers, to qualify, effectively sidelining thousands of drivers who are legally authorized to work under other programs like DACA or asylum. In the case Lujan v. FMCSA, the D.C. Circuit Court issued an administrative stay after finding substantial concerns about how the rule was introduced and its potential nationwide impact. The pause was driven by arguments that the FMCSA rushed the rule through without public input, exaggerated its “emergency” justification, and lacked solid safety evidence to support the change.


Beyond procedural issues, the court also recognized the potential for widespread harm if the rule were allowed to take effect. Critics said the measure could immediately remove nearly 200,000 drivers from the workforce, disrupting freight movement and straining an already fragile supply chain. The challenge further cited possible due-process violations, discrimination concerns, and regulatory overreach, noting that states had no transition plan to implement the new standards. By granting the stay, the court signaled caution, choosing to preserve the status quo while it reviews the case in full. For now, non-domiciled CDL holders can continue working, but the ultimate ruling could determine whether the government overstepped its authority in reshaping who’s allowed to drive America’s trucks.

 
 
 

3 Comments


Guest
Nov 12

Sorry this will not make it past the appeals court. The law was already on the books, the Biden Administration decided not to enforce it. You don't need public approval of a law that has already gone through the process. So they may not be able to single out the HB licenses, but if you cannot speak or understand English you don't drive.. PERIOD....

Like
Guest
Nov 14
Replying to

I speak English, but they want to take away my CDL license because I wasn't born here and I have a work permit, not a ticket.

Like

Guest
Nov 11

the Judge is a straight up idiot

Like
bottom of page